Lassen Lumber & Box Co.

National Labor Relations Board - Board Decisions

Jun 29, 1940

24 N.L.R.B. 1131 (N.L.R.B. 1940)

In the Matter of LASSEN LUMBER & Box Co. and LUMBER & SAWMILL
WORKERS LOCAL UNION No. 6-83, INTERNATIONAL WOODWORKERS OF
AMERICA
Case No. R-1895.-Decided June 09, 194
Mr. Earle K. Shaw, for the Board.
Mr. H. W. Bridgford, of Susanville , Calif., for the Company.
Mr. Harold Arasmith, of Susanville , Calif., for the I. W. A.
Mr. D. R. Streeter, of Susanville, Calif., for the Brotherhood.
Miss Margaret Holmes, of counsel to the Board.
DECISION
AND
DIRECTION OF RUN-OFF ELECTION
On April 3, 1940, Lumber and Sawmill Workers Local Union
No. 6=83, chartered by International Woodworkers of 'America, af-
filiated with the Congress of Industrial Organizations, herein -called
the I. W., A.1 filed with the Regional Director for the Twentieth
Region (San Francisco, California) a petition alleging that a ques-
tionaffecting commerce had -arisen concerning the' representation of
employees of Lassen Lumber & .Box Company, herein called the
Company, engaged in the sawing of timber and the manufacture
and sale of lumber and lumber products at Susanville, 'California,
and requesting an investigation and certification of representatives,
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat..449, herein called the Act. On May 7, 1940, the National Labor
Relations Board,' herein called the Board, acting pursuant to Sec-
tion 9 .(c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, or-
dered an investigation and authorized the Regional Director to con-
duct it and provide for an appropriate hearing upon due notice.
On May 23, 1940, the Company, the I. W. A., and Lumber and Saw-
mill Workers, Local 2790, chartered by United Brotherhood of
Carpenters and Joiners of America, affiliated with the American
Federation of Labor, herein called the Brotherhood, and counsel for
the' Board, entered into a "STIPULATION FOR CERTIFICA-
TION UPON CONSENT ELECTION," and on May 29, 1940,
entered into 'an "AMENDMENT TO STIPULATION FOR
CERTIFICATION UPON CONSENT ELECTION."
24 N. L.R. B.; No. 125. .
1131
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, as amended, an election by secret
ballot was conducted on June 5.., .1940, under the direction and super-
vision of the Regional Director among all employees at the Susan-
ville plant, of the-,Company engaged in- the handling and production
,of lumber from the time.the logs arrive by truck at the^pond from
the woods, to the time of the departure of the finished product by
truck or rail,from the mills and yard,. whowho were employed during
the pay-roll period ending `May 23, 1940, including all employees who
have been temporarily laid off, but excludingsupervisory and clerical
employees and employees of independent contractors, if any, to deter-
mine whether;' such : employees . desired to . be represented by the
I. W.' A.,'or by. the ",Brotherhood or, by neither. On June 8, 1940,
the Regional Director issued ' and duly served upon, the pa.rtiesi her
Election Report on the ballot. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.
In her Election Report, the Regional Director reported as follows
concerning the balloting and- its results :
Total number of ballots counted__________________________ 212
Number of ballots for Lumber & Sawmill Workers Local Union `
No. 6-83, I. W. A. and C. I. 0------------------------------ 89
Number of ballots for Lumber & Sawmill Workers Local 2790,
U. B. C. J. and A. F. L------------------------------------- 94
Number ballots for neither___________________________________ 29
Number of blank ballots_____________________________________ 0
Number of void ballots______________________________________ 0
Number of challenged ballots____________ ____________________ 1
In the above stipulation, as amended , the parties agreed that if in
the election neitlier the I. W. A. nor the Brotherhood was designated
and selected by a majority of the ballots cast, but the two labor
organizations together received a majority, further procedure should
be referred to the Board. The Election Report reveals that neither
of the competing labor organizations received a majority of the votes
cast, but that a substantial majority of the employees voting desire
to be represented by a labor organization for the purposes of col-
lective bargaining. The I. W. A. and the Brotherhood have re-
quested a run-off election . In accordance with our decision in Matter
of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co:
and Independent Employees Organization," we shall direct a run-off
election , the ballot to. contain the names of both the I. W. A. and
the Brotherhood, and the organization receiving the higher number
of votes to be certified.as exclusive bargaining representative.
1 22 N. L. R. B. 465.
LASSEN LUMBER & BOX co. 1133
Upon the basis of the above stipulation, as amended, the Election
Report, and the entire record in the case, the Board makes the
following :
FINDINGS OF FACT
. 1. A question. affecting commerce has arisen concerning the repre-
sentation of employees of Lassen Lumber & Box Co., Susanville,
California, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
'2. All employees at the Susanville plant of the Company engaged
in the handling and production of lumber from the time the, logs
arrive by truck at the pond from the woods, to the time of the
departure of the finished product by truck or rail from the mills and
yard, who were employed during the pay-roll period ending May 23,
1940, including all employees who have been temporarily laid off, but
excluding supervisory and clerical 'employees of independent con-
tractors, if any, constitute a unit. appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
DIRECTION OF RUN=OFF ELECTION
__ By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the. Board
to ascertain representatives for the purposes of collective bargaining
with Lassen Lumber & Box Company, Susanville, California, an
election by secret ballot shall be conducted as early as possible but
not later than thirty (30) days from the date of this Direction, un-
der the direction and supervision of the Regional Director for the
Twentieth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2;. as
amended, among all employees at the Susahville plant of the Company
engaged in the handling and production of lumber from the time the
logs arrive by truck at the pond from the woods, to the time of depar-
ture of the finished product by truck or rail from the mills and yard,
who were employed during the. pay-roll period ending May 23, 1940,
including all employees who have been temporarily laid off, but ex-
cluding supervisory and clerical employees and employees of inde-
1134 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD
pel'dent contractors, if any, ' and employees who have since .quit or
been discharged for cause, to determine whether they desire to, be
represented by Lumber and Sawmill Workers Local Union No. 6-83,
International Woodworkers of America, affiliated with the Congress
of Industrial. Organizations, or by Lumber and Sawmill Workers,
Local 2790, United Brotherhood of Carpenters and Joiners of Amer
ica, affiliated with the American Federation of Labor, for the pur-'
poses of collective bargaining..
MR. WILLIAM M. LEISERSON, concurring in part and dissenting in
part :
I hold to my opinion in the R. K. LeBlond 2 case that the Board'
is not authorized by the Act to order a run-off election at all, but that
since the majority does. direct one, the, ballot should contain only the,
names of the two organizations which' have been designated by em-
ployees to represent them for collective bargaining, and no place to
vote against a labor organization.
CHAIRMAN MADDEN, concurring in part and ' dissenting in part :
I think the Board should permit the eligible employees' to vote, as
under the former run-off election procedure, for or against the
Brotherhood, which received a plurality of the votes. in the original
election. See Matter of R: K. LeBlond Machine Tool Co., Cincin-
iaati Electrical Tool Co. and Independent Employees Organization.8
2 See also my dissenting opinion in Matter of Coos Bay Lumber Company and, Lumber
and Sawmill Workers Union, Local No. 2573, 16 N., L. R. B., 476.
. 1 22 N. L. R. B. 465. ' . '